Taxi Driver Online

This snippet from the CPT Newsline:

Holiday pay at issue again

A recent case taken to the European Court established that commission payments generally need to be reflected in holiday pay. In the case (Lock v British Gas) the Advocate General commented that people should not suffer financially as a result of taking the leave to which they are entitled. Now the position of people who regularly work voluntary overtime is being tested.

The Employment Appeal Tribunal (EAT) will hear the cases Neal v Freightliner and Bear Scotland v Fulton at the end of July. Employers should then know the extent to which overtime needs to be taken into account when calculating holiday pay.

These cases are causing considerable nervousness in industries such as ours. If the EAT decides that discretionary overtime should be in holiday pay calculations there could be greater costs in the future as well as a raft of claims for back payment of holiday pay.

and more job losses

no wonder so many firms now use agency staff

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Of all the things ive lost, i miss my mind the most

Agency staff have the same rights as full time staff.

yep, and lower wages too......pushed down BY agencies who reap the rewards that way, in fact I know firms who set up an agency specifically to "round robin" staff, get em in, pay em low, have a good turnover of staff (but keep the numbers up) and avoid so many issues.....

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Of all the things ive lost, i miss my mind the most

Holiday entitlement has to accrued/earned, something like 1.5days per month, and bank holidays may be included or unpaid i seem to recall, TNT used to employ PAYE warehouse staff on ONLY 13 week contracts, get em in, get rid.....

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Of all the things ive lost, i miss my mind the most

Holiday entitlement is 28 days per year pro rata. now that can be either 28 days including bank holidays or 20 days plus bank holidays.

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Grandad,

but it has to be earned, you cant start a job and get 20 days holiday the first month

40+ years ago we got 20 days paid hols, 10 bank hols paid and 10 extra "discretionary" (paid) days

so not much has changed really has it

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Of all the things ive lost, i miss my mind the most

I did say pro rata.
10 bank holidays? what were these?
As far as I remember until 1977, in England, we only had 7 bank holidays. We did get an extra one in that year for the silver jubilee but the early may bank holiday didn't start until 1978. We have on occasions had an extra one for things like Royal weddings or jubilees.

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Grandad,

sorry, we always used the 10 "extra days" quick when they came available on may 1st

when you said "pro rata" i thought you meant full vs part timers, or do they get 20 days paid at a pro rata rate?..

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Of all the things ive lost, i miss my mind the most

Part-time staff get paid holidays at the pro-rata rate.

well, the obvious thing is to stop all overtime as of now then

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Of all the things ive lost, i miss my mind the most

When they/you say commission payments could they mean commission on jobs?

Say a driver did a regular account job that paid 90p in the pound, would that 10% commision leave the firm open to a claim re holiday pay?

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IDFIMH

only if he was PAYE...........lol

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Of all the things ive lost, i miss my mind the most

I notice the original post says "voluntary overtime"

is mandatory overtime exempt?

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Of all the things ive lost, i miss my mind the most

Yes, As is Lashing, Thumbscrews and Gonad clamps..however they are trying re-introduce the latter.